Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
An Illinois federal judge has granted certification to a class action lawsuit alleging Sears sold deceptive “repair and replace” master protection agreements.
Plaintiffs Nina Greene and Gerald Greene claim that they entered into and paid for several appliance-service agreements with Sears from 1994 to 2014, but that these agreements did not actually cover their products.
The plaintiffs say that the Sears defendants breached their agreements, engaged in deceptive business practices and were unjustly enriched by selling “repair or replace” master protection agreements for appliances that Sears had no intention of repairing or replacing.
The plaintiffs sought to certify a proposed Class of consumers who paid for aftermarket master protection agreements (MPAs) for products that were not covered by or eligible for coverage under the MPA, and who did not receive a full refund.
The plaintiffs also seek to certify a Class of Pennsylvania residents for claims under the Pennsylvania Unfair Trade Practices and Consumer Protection Law.
Defendants Sears Protection Company; Sears, Roebuck and Co. and Sears Holdings Corporation fought against Class certification, arguing that the plaintiffs cannot adequately represent the Class, that the Class definition is too broad, and that there is insufficient commonality and predominance to justify handling the case as a class action lawsuit.
U.S. District Judge Jorge L. Alonso found that the class action requirements for numerosity and commonality have been met. He found the plaintiffs “demonstrate a commonality of issues consistent with their theory of breach, unjust enrichment, and consumer fraud.”
“Whether Sears sold policies for products that it did not and could not cover is a central question common to the class, and capable of proof at trial through common evidence,” Judge Alonso continued. “Defendants’ insistence that they had no such policy, that MPAs are variable, and that Sears ultimately provided some performance under consumers’ MPAs does not defeat this common contention.”
Judge Alonso also agreed with the plaintiffs’ assertion that they were injured because of the Sears defendants’ sale of MPAs on non-covered items and the fact that they did not receive a full refund.
“That Plaintiffs received a partial refund may affect their damages, but it does not exclude them from the class,” the judge said. “Because Plaintiffs’ claims are based on the same legal theory as those of the class, typicality is satisfied.”
The judge agreed with the Sears defendants’ argument that the limitations period proposed by the plaintiffs was too broad, and limited the nationwide Class to individuals and entities who paid for aftermarket MPAs since March 25, 2005 for products that were not covered by nor eligible for coverage under the MPA and did not receive a full refund.
The Pennsylvania Class is limited to a Class of Pennsylvania residents who paid for aftermarket MPAs since March 25, 2004 to the present and who did not receive a full refund.
A status hearing for the Sears protection plan class action lawsuit has been scheduled for Aug. 29.
The plaintiffs are represented by Marvin A. Miller, Lori A. Fanning and Kathleen E. Boychuck of Miller Law LLC and by Andrew Joseph Belli, David M DeVito, Deborah R. Gross and Benjamin Michael Mather of Kaufman Coren & Ress PC.
The Sears Protection Plan Class Action Lawsuit is Nina Greene, et al. v. Sears Protection Company, et al., Case No. 1:15-cv-02546, in the U.S. District Court for the Northern District of Illinois, Eastern Division.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
158 thoughts onSears Master Protection Agreement Class Action Lawsuit Gets Certified
We have a Kenmore Washer for Sears with a Home Protection Agreement. The washer can no longer be fixed according to Sears and was turned in by the tech so that i could get a replacement washer. 3 months and nothing but the run around. Either get told they cant find the technicians request, or they escalate my case because its taking to long-with no response, or, or, or- everyone i talk to has a different excuse of where my replacement money is or isn’t. After berating the last person they offered to pay for a rental, first if i cant get my replacement $ from them, how do i get a rental reimbursement from them? I am filing a small claims this week and just buying one. Ridiculous!
Caveat emptor- I will NEVER EVER buy another product from Sears. My master agreement plan ends 11/3/2020. Unfortunately five years ago I was going through chemo and my refrigerator went out. I had to go with Sears due to availability and delivery. NEVER AGAIN! I have had ice make replaced 2x. Freezer compartment went out once. And in August my entire unit quit cooling. I have spent over 25 hours on hold with them and three attempts of repairs it is currently working. Tech who came first time replaced compressor. He told me if power was out less than 30 minutes I need to unplug it for 30 minutes to reboot it. REALLY?!?! You must be crazy. I suppose to move a full refrigerator out from its cubby hole to unplug it and then push back. NOPE not happening. You cannot tell me the refrigerator knows 10 mins from 30 mins. So three days after he left it quit again. Lost everything. Rescheduled. Arrives back, comes into my house, uploads new software, claims new compressor not communicating with old software, leaves and then CANCELED the call he was on in my house causing me to lose a $300 food loss claim. 2-3 days later it quits again. Numerous calls, lied to numerous times by sears phone operators. New tech arrives for 3rd repair call about 10 days later (we are now into the end of Sept and this began 8/7) and he replaces the dryer on it. Said not uncommon that compressors throw metal fragments when going on and clogs the dryer which will cause it not to cool. It has been working since. I have been treated horribly, lied to, transferred to a number that doesn’t exit, told to call a number when tech was here for him to speak to them, which I did but received “sorry we are temporarily closed message.” I have never in my life been treated with such disrespect and poor customer service. Like I said CAVEAT EMPTOR – let the buyer beware…..
Wish I read this before I purchased the product.
Wish I read this before I purchased the product.
I’ve maker went out 1 1/2 after purchased. 2 months to repair. Oven next, repaired quickly. Dish washer went out, repaired. Combustion Oven. 3 service companies and still not repaired. This week the freezer and refrigerator went out. Over $1000.00 in food. The refrigerator was not even 3 years old. I will never purchase another Sears product.
I absolutely would like to get more information about this suit. It took me COUNTLESS hours and multiple, MULTIPLE phone calls to get my dishwasher repaired and then finally replaced. The business model seems to be – frustrate the customer enough that they will just finally go away and pay out of pocket.
Thats what there doing to me
I’m glad I’m not alone on this! I’ve been dealing with sears for a month. Our washer is out and still waiting on parts. I can’t get a person to help me. I have held on phone for 1 1/2 hours and no answer. I had to break down and buy a new washer. I can’t go any longer without a washer. Sears needs to pay for not holding up on their end of agreement. Not Happy
Please help! I spent almost $16,000 on HVAC with Sears and within 2 years the unit is broken and Sears are giving me a run around. Please help to include my name on this mass lawsuit.
Same issue here. We are going on 3 weeks of calling Sears
I would love to join a lawsuit against Sears. The number of hours I have spent trying to get through to a person and get my refrigerator repaired is totally unbelievable unless you have also dealt with sears. They have been out 6 times and i have tried endless times and hours to get to what i think is a “ghost” replacement dept. I started this June 5th and have had to eat out and buy ice for 3 months so far. I am so SICK of Sears!!!!!! I have documented who i spoke with when and for how long and have 16 typed pages of notes.
I am too having the same issue. Spent numerous hours on the phone for the past two weeks. Keep getting transferred to people who clearly don’t know or care about my issue.
I’ve been dealing with them since March 2020 and same with holds up to 3 hrs and when I did get through they said it didn’t qualify because they haven’t attempted to repair it more than 5 times. The actual fifth time here, the Maint. mechanic they said they had replace every part and still can’t fix it. It needs to be replaced called the manager. They were going to look into the contract, put me on hold and after 20 min disconnected me.
Sears Service = Fraud. They give me a merry-go-round of 800 numbers (over 8) some of which are “service no longer available”.
Is there a current class action lawsuit against Sears? If not there should be. I’ve been without a working refrigerator for 4 months. I’ve had the 3 attempts to repair it and the fourth attempt they can’t repair it because the part is no longer available. Now they are dragging their feet making excuse after excuse putting off replacing it.. Breach of contract. They are quick to take my money to renew my agreement. Apparently, there are many others who are being given the same run a round.
Tammy I’m in the same boat my 2 1/2 year old boiler burned out over a month ago sears still hasn’t got back to me. Looking for a lawyer to help
I am in the same boat. We need a class action suit
Tammy, I have an 24 month old Kenmore heat pump HVAC that burned up the inside motor July 5th. Earliest service call was July 16th, they only service our area on Thursdays. The call center sold an extended service plan saying it would be more cost effective than paying labor. I fell for it but the annual cost is $720 and $129 deductible and of course the tech had no part and appears likely it will be August before it’s running again. Had to buy a window unit to be slightly comfortable. I’m also looking to sign up with a Class Action lawsuit after reading extensive complaints about everything Sears touches, sells, and supposedly services. I’ve posted an pissed consumer, Sears facebook, my Facebook, BBB and a couple others so far. They are a RIP off and certainly not what I expected when choosing Sears and Kenmore names.
I am also having the same issue with Sears. My refrigerator is not working as well. I have had so many repairs now and a Sear’s tech that has deemed it repairable and they still will not help me. I also had purchased the master agreement.
I guess i’m not alone. we’ve not had an oven for 2 months. every call is an hour on hold to reach someone who doesnt know anything about the last 10 calls to Sears. after 2 months we were told the part that set our over on fire wasnt covered. They even charged us 2x for a visit that wasnt done correctly. they are either incompetent or crooks or both.
I have been on hold, routed and rerouted for the last 2 hours by their Protection Agreement Benefits department. They have no intention of helping me!!!!!!
Lets get together and do something about. Im in the same boat as you with my refrigerator and my neigbir struggked the same wY for months with her dishwasher
August 18th we are on hold on two different phones for over an hour with no ho in sight. We had a racist repair man come into our home to degrade us, claim to need parts, never ordered them, and when we got to this point our calls arent even answered. We need a Class action suit. From MD here.
How do you join the class action lawsuit?